Racy Texas Restaurant Chain Trademarks 'Breastaurant' Term

April 9, 2013— -- While Hooters, Twin Peaks, the Tilted Kilt and other chain restaurants that feature bodacious waitresses in skimpy outfits have been called "breastaurants" for years, the owner of the Texas-based Bikinis Bar and Grill is the first to make it official.

Doug Guller, CEO of ATX Brands LLC, which owns Bikinis Sports Bar and Grill, announced today he has trademarked the term "breastaurant" through the United States Patent and Trademark Office, meaning his company is the only one who can describe itself with the term.

"We're really excited about receiving this federal trademark," Guller said in a statement. "Our team has worked hard over the last seven years to offer a unique experience to our fans. It just further solidifies that Bikinis Sports Bar & Grill is America's ONLY breastaurant."

This isn't the first time Guller has made a bold statement with his restaurant chain, which now also has locations throughout Texas, North Carolina and Oklahoma.

Last July, Guller purchased the abandoned town of Bankersmith, Texas, in Kendall County, two hours driving distance from Austin, off Craigslist and made plans to turn it into a seasonal tourist destination.

Guller said his broker found Bankersmith for sale on Craigslist, but would not disclose the seller's identity or how much he paid for the unincorporated town. The deal was finalized last May, and Guller renamed the town "Bikinis" in honor of his restaurant.

The trademark is a major move in the "breastaurant" industry. As food franchises fight to stay afloat, there is a post-recession boom for restaurant establishments with added sex appeal.

Breastaurants are $1 billion-plus industry, and places like Twin Peaks, the Tilted Kilt, Bone Daddy's and others are in a heated fight to knock the reigning breastaurant king, Hooters, off its throne.

During the height of the recession, Hooters led the pack, bringing in almost $1 billion a year in revenue. Now, with the competition catching on to the winning formula of busty waitresses serving hot wings and cold beer, Hooters' sales declined 4 percent last year.

"Hooters should be very scared," said Drew Neisser of Renegade Marketing Group. "The category can only grow so much. Tilted Kilt and the others are stealing Hooters' customers."

Twin Peaks, a sports bar and grill chain that advertises "Eats. Drinks. Scenic Views," is like if Hooters had a mountain lodge. Waitresses serve appetites and egos while wearing red-and-black plaid cutoff shirts and short khaki shorts.

"We're looking for well-rounded females who can deliver a great experience," said Meggie Miller, the director of training and recruiting for Twin Peaks.

The chain, which had just seven locations in 2008, now has 31 locations across the country and plans to open two more a month through the end of the year.

Also competing is Canz, a New York-based roadhouse-themed sports bar that did what many would consider to be impossible. It successfully launched in the middle of the recession and the customers came flocking in.

"Our profits ranged a little over $2 million in our first year in 2008 and showed great signs of growth," said Canz owner Tim Lorito.

Three restaurants later, Lorito said, the formula or sports, beer and, of course, lots of young ladies -- waitresses wear tight black tanks and jean shorts -- is working.

"I think being a great breastaurant goes hand in hand with being a great sports bar," Lorito said. "I think the atmosphere that that creates gives us an advantage over any other of our competitors."

The Arizona-based breastaurant, the Tilted Kilt, with its obvious Scottish theme, has nearly 80 locations nationwide with 12 more on the way.

"I mean, the girls are wearing a uniform which is appealing to the average guy but, again, it is very classy and clean-cut, as opposed to other competitors' of ours," said Nirav Patel, the owner of a Tilted Kilt in Hoboken, N.J.

The appeal for many is in the price: The average breastaurant meal costs $12.

Hooters, with more than 400 restaurants, dwarfs the competition but is clearly sagging. It has closed 35 locations in the last three years. Many former customers who used to give a hoot say the eye-popping staples that brought them into Hooters suddenly went flat.

But Hooters is fighting back, now pumping up all of its locations with a sleek new decor and expanded, healthier menus. Plus, there's a new target customer in mind: Women.

It's a group the competition also is wooing. Canz said only 65 percent of its customers are men.

"It's not necessarily salads for women," Neisser said. "It's finding what a 24-year-old or 25 [-year-old] would consider really fun and a cool place for them to go."

In a statement last month to ABC News, Hoosters said, "The restaurant model that others have dubbed 'breastaurants' is a moniker too shallow to define Hooters."

ABC News' Alexis Shaw contributed to this report